Hong Kong’s 47 democrats national security case: 19 things since March 2021 you must know

A total of 47 democrats were charged with "conspiracy to subversion" for participating in and organising the "35+ primary election" in Hong Kong. Committal proceedings were completed in July 2022 for transfer to the High Court. Under Magistrates Ordinance Section 87A (Restrictions on reports of committal proceedings), journalists have been prevented from reporting on the pre-trial hearings until the win in the appeal by Tonyee Chow Hang-tung to remove media report restrictions on court proceedings of a case related to Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC). Principal Magistrate Peter Law Tak-chuen lifted reporting restrictions on the HKASPDMC case on 17 August 2022. Today (18 August 2022) Magistrate Law also lifted reporting restrictions on committal hearings of the 47 democrats case back dated to the first return day last year and cancelled the first appearance in September originally scheduled for announcement of the related decision.

1) The case has gone through seven times court mentions and six times first return day. The 47 democrats were first mentioned at the West Kowloon Magistrate Court on 1 March 2021. This marathon hearing went on till the small hours the next morning when some defendants collapsed from exhaustion or felt unwell and had to be taken to hospital. The hearing thus had to be adjourned. The last prison car transporting the defendants only arrived at Lai Chi Kok Reception Centre at 6:30am but the hearing resumed at 11:30am. In other words, some of the defendants effectively had no sleep or rest time.

2) In the end, this first mention together with bail applications was completed late on 4 March 2021. Chief Magistrate Victor So Wai-tak granted bail to 15 defendants, namely, Tat Cheng Tat-hung, Clarisse Yeung Suet-ying, Michael Pang Cheuk-kei, Kalvin Ho Kai-ming, Lawrence Lau Wai-chung, Helena Wong Pik-wan, Jeremy Tam Man-ho, Sze Tak-loy, Sam Cheung Ho-sum, Ng Kin-wai, Kwok Ka-ki, Hendrick Lui Chi-hang, Mike Lam King-nam, Ricky Or Yiu-lam and Lee Yue-shun. However, Department of Justice immediately asked for a bail review of all the 15 granted bail, and on the next day (5 March) withdrew the review against Clarisse Yeung Suet-ying, Lawrence Lau Wai-chung, Hendrick Lui Chi-hang and Mike Lam King-nam. The bail review for the remaining 11 defendants was dealt with at the High Court on 6 March, in the end with only Tat Cheng Tat-hung, Michael Pang Cheuk-kei, Kalvin Ho Kai-ming, Helena Wong Pik-wan, Sze Tak-loy, Ricky Or Yiu-lam and Lee Yue-shun granted bail. All others had to remain detained. Some of the 32 democrats denied bail in the first place had their bail review on 12 March 2021.

3) The case was mentioned again on 31 May 2021. The prosecutor requested for an adjournment till 8 July to allow time for case transfer to the High Court and committal proceedings. In the mean time, at least ten defendants again applied for bail but were all denied.

4) A total of 17 have applied for bail to the High Court, namely, Andy Chui Chi-kin (date of application: 19 March 2021), Leung Kwok-hung (March 29 2021), Andrew Wan Siu-kin (March 29 2021), Jimmy Sham Tsz-kit, (March 29 2021), Claudia Mo Man-ching (29 March 2021), Ben Chung Kam-lun (31 March 2021), Owen Chow Ka-shing (22 June 2021), Winnie Yu Wai-ming (28 July 2021), Roy Tam Hoi-pong (23 August 2021), Henry Wong Pak-yu (1 September 2021), Gwyneth Ho Kwai-lam (8 September 2021, application withdrawn), Gary Fan Kwok-wai (14 April 2022), Ray Chan Chi-chuen (16 September 2021), Frankie Fung Tat-chun (4 November 2021), Prince Wong Ji-yue (21 December 2021), Lam Cheuk-ting (13 May 2022) and Ng Kin-wai (6 June 6 2022). In the end, only Owen Chow Ka-shing, Winnie Yu Wai-ming, Ray Chan Chi-chuen and Prince Wong Ji-yue were granted bail. However, bail of Owen Chow Ka-shing and Winnie Yu Wai-ming was later cancelled for breaching bail condition.

5) The case was mentioned again on 8 July 2021 at West Kowloon Magistrate Court and that was the first return day. Chief Magistrate Victor So Wai-tak, upon requests from the prosecutor, approved to postpone the case to 23 September to allow time for transfer of committal proceedings to the High Court. Since then, there were another five return days, viz. 23 September 2021, 29 November 2021, 28 February 2022 & 4 March 2022, 28 April 2022, and 1-2 June & 7 June 2022. Hitherto, 407 days have passed. Restricted by Section 87A, most of the pre-trial hearings could not be made public.

6) Twenty-three defendants challenged Section 87A and the case was dealt with at West Kowloon Magistrate Court on 27 January 2022. The hearing started at 9:30am and last about 12 hours to close before 10pm. Arguments from defence and prosecution were heard on 8 February by designated National Security Law judge and then Acting Chief Magistrate Peter Law Tak-chuen. He passed a verdict on 17 February to dismiss the appeal.

7) The first return day of the case was adjourned respectively to 28 February and 4 March 2022. Those who intend to plead guilty were managed separately. 

8) Committal proceedings of the case were completed in the first half of June 2022 for 46 defendants to be transferred to the High Court, except Gordon Ng Ching-hang. His committal proceedings were pending due to his application for a preliminary inquiry. Forty-seven defendants had initially expressed their intention to defend or plead guilty. 

9) The preliminary inquiry of Gordon Ng Ching-hang was heard closed-door at West Kowloon Magistrate Court on 4 July 2022. Public and journalist observation was not permitted. The hearing was scheduled for four days but as revealed later that High Court committal proceedings for Ng was completed on 6 July.

10) Gwyneth Ho Kwai-lam, Ventus Lau Wing-hong, Tiffany Yuen Ka-wai and Gordon Ng Ching-hang applied on 25 July 2022 to remove reporting restrictions on the committal proceedings.

11) According to the record of the answers at that time, 29 intended to plead guilty, namely: Benny Tai Yiu-ting, Au Nok-hin, Andrew Chiu Ka-yin, Ben Chung Kam-lun, Tiffany Yuen Ka-wai, Fergus Leung Fong-wai, Andy Chui Chi-kin, Jimmy Sham Tsz-kit, Claudia Mo Man-ching, Frankie Fung Tat-chun, Nathan Lau Chak-fung, Joshua Wong Chi-fung, Jeremy Tam Man-ho, Kinda Li Ka-tat, Tam Tak-chi, Wu Chi-wai, Eddie Chu Hoi-dick, Sam Cheung Ho-sum, Prince Wong Ji-yue, Andrew Wan Siu-kin, Kwok Ka-ki, Carol Ng Man Yee, Roy Tam Hoi-pong, Ventus Lau Wing-hong, Alvin Yeung Ngok-kiu, Gary Fan Kwok-wai, Hendrick Lui Chi-hang, Lester Shum Ngo-fai and Henry Wong Pak-yu.

12) Eighteen chose to plead not guilty, namely: Tat Cheng Tat-hung, Clarisse Yeung Suet-ying, Michael Pang Cheuk-kei, Kalvin Ho Kai-ming, Lawrence Lau Wai-chung, Helena Wong Pik-wan, Sze Tak-loy, Ng Kin-wai, Gwyneth Ho Kwai-lam, Ray Chan Chi-chuen, Owen Chow Ka-shing, Lam Cheuk-ting, Leung Kwok-hung, Mike Lam King-nam, Ricky Or Yiu-lam, Lee Yue-shun, Winnie Yu Wai-ming and Gordon Ng Ching-hang.

13) According to the Judiciary website, the case will be split into two. Those who pleaded guilty are divided into seven groups and case management hearings have been scheduled in September and November 2022. Gordon Ng Ching-hang, who pleads not guilty, will have his case management hearing in November. The schedules for the remaining 17 defendants are yet to be determined. There have been news reports that the High Court trial will be a non-jury trial. The cases will be tried by three judges.

14) According to earlier disclosed court information, the prosecutor statement has 414 sections, totaling 139 pages with detailed accounts of public speeches and activities of those pleaded guilty, except Andrew Chiu Ka-yin. Benny Tai Yiu-ting, Au Nok-hin, Andrew Chiu Ka-yin, Ben Chung Kam-lun and Gordon Ng Ching-hang are named “major organisers” of the unofficial primary election in 2020.

15) At that time (early June) the prosecution took a few days in court to read out the statement of case. The clerk of the court asked the defendants whether they agreed to the statement. Answers varied. Tam Tak-chi indicated that he “agree to the play script. Agree, agree, agree.” He then changed to “agree to the statement”. Ventus Lau Wing-hong said, “Every word, every sentence in the statement is correct. It is a record in history. I agree to the whole statement.” Nevertheless, Tiffany Yuen Ka-wai, Frankie Fung Tat-chun, Carol Ng Man Yee, Gary Fan Kwok-wai and Hendrick Lui Chi-hang agreed to the statement only in parts. Their legal representatives criticised parts of the statement as more than necessary and requested a Newton hearing.

***Update after revisiting my notes at night***

On 1 June 2022, the prosecutor first revealed that of the 47 defendants, 29 would admit guilty and 18 would not. Peter Law Tak-chuen then assigned the defendants into three groups and dealt with those pleaded not guilty first. In the pleading not guilty group, when answering the clerk of the court, the defendants mentioned “not guilty (in English)”, “the honourable judge, I plead not guilty”, “not guilty”, “I plead not guilty”, etc. Among those who pleaded guilty, Fergus Leung Fong-wai expressed “all right”; Frankie Fung Tat-chun spoke in Mandarin “I plead guilty, I know I am wrong”; Tam Tak-chi said “I am ‘cool’ (a homophone to ‘admit’ in Cantonese)”; Ventus Lau Wing-hong answered in English “for the love of my country, I plead guilty”. Lester Shum Ngo-fai rose slowing and stated “I subvert the country. I plead guilty.” Henry Wong Pak-yu said “I do not want to fight a meaningless case. I plead guilty. I plead guilty. I spare no effort to admit guilt.”

16) In the case statement, Fergus Leung Fong-wai, Sam Cheung Ho-sum and Owen Chow Ka-shing are alleged to have drafted a “commitment to fight” statement in June 2020. The statement was eventually signed by 37 people, among them 20 became defendants in this case.

17) Gordon Ng Ching-hang, who had no legal representative today (18 August 2022), questioned whether reporting restrictions on his preliminary inquiry were lifted as well. The response from Peter Law Tak-chuen was that seeking legal advice would be most appropriate for Ng. When Ng pointed out that Law “is the person who interprets law”, Law interrupted, “interpretation of legal clauses would require certain legal opinions.” As to whether information on the preliminary inquiry can be made public, Law stressed again to Ng that “you have to deal with this yourself.” Ng stated, “I am a law abiding citizen and I do not want to break the law. When there are ambiguities in the law, if I break it, this is not what I wished.” Finally, Law expressed “I cannot respond, this is beyond my power.” He also said “Whether the law is breached or where to draw the line, these are questions of law.”

18) Gwyneth Ho Kwai-lam then stood up and said, “Tang Ping-keung (current Secretary for Security) has always been saying that the court will pass a verdict. For what you say, does it mean that we should ask Tang? No one in Hong Kong has an answer to this question. Government officials have no answer. Tang has no answer. Who then has the answer? Will you arrest the reporter if s/he gets hold of the information? Come a day when a reporter is arrested for reporting the information, will you still say this is beyond your power to answer? Come a day when a verdict is passed, will you still say you have no answer?”

19) As Ho was querying Law, Law announced the court adjourned. “A non-jury trial is unjust,” shouted Owen Chow Ka-shing. “Legal advice please! Will you give any legal opinion? Ten lawyers may offer ten different opinions. Will this work?” asked Lam Cheuk-ting.

Reporter: Alvin Chan • 18 August 2022

Source: https://bit.ly/3RJyRQt